Southwestern Law Review

Southwestern Law Review PDF Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 272

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Book Description

Southwestern Law Review

Southwestern Law Review PDF Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 272

Get Book Here

Book Description


Gender Justice and the Law

Gender Justice and the Law PDF Author: Elaine Wood
Publisher: Rowman & Littlefield
ISBN: 1683932404
Category : Law
Languages : en
Pages : 310

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Book Description
Gender Justice and the Law presents a collection of essays that examines how gender, as a category of identity, must continually be understood in relation to how structures of inequality define and shape its meaning. It asks how notions of “justice” shape gender identity and whether the legal justice system itself privileges notions of gender or is itself gendered. Shaped by politics and policy, Gender Justice essays contribute to understanding how theoretical practices of intersectionality relate to structures of inequality and relations formed as a result of their interaction. Given its theme, the collection’s essays examine theoretical practices of intersectional identity at the nexus of “gender and justice” that might also relate to issues of sexuality, race, class, age, and ability.

Data

Data PDF Author: Robert Herian
Publisher: Routledge
ISBN: 1000371417
Category : Business & Economics
Languages : en
Pages : 132

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Book Description
This book explores the phenomenon of data – big and small – in the contemporary digital, informatic and legal-bureaucratic context. Challenging the way in which legal interest in data has focused on rights and privacy concerns, this book examines the contestable, multivocal and multifaceted figure of the contemporary data subject. The book analyses "data" and "personal data" as contemporary phenomena, addressing the data realms, such as stores, institutions, systems and networks, out of which they emerge. It interrogates the role of law, regulation and governance in structuring both formal and informal definitions of the data subject, and disciplining data subjects through compliance with normative standards of conduct. Focusing on the ‘personal’ in and of data, the book pursues a re-evaluation of the nature, role and place of the data subject qua legal subject in on and offline societies: one that does not begin and end with the inviolability of individual rights but returns to more fundamental legal principles suited to considerations of personhood, such as stewardship, trust, property and contract. The book’s concern with the production, use, abuse and alienation of personal data within the context of contemporary communicative capitalism will appeal to scholars and students of law, science and technology studies, and sociology; as well as those with broader political interests in this area.

Human Rights Approaches to Climate Change

Human Rights Approaches to Climate Change PDF Author: Sumudu Atapattu
Publisher: Routledge
ISBN: 1317910605
Category : Law
Languages : en
Pages : 285

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Book Description
Despite the clear link between climate change and human rights with the potential for virtually all protected rights to be undermined as a result of climate change, its catastrophic impact on human beings was not really understood as a human rights issue until recently. This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication. Other chapters examine how vulnerable groups –women, indigenous peoples and climate "refugees" – would be disproportionately affected by climate change. The book then goes on to discuss a new category of people created by climate change, those who will be rendered stateless as a result of states disappearing and displaced by climate change, and whether human rights law can adequately address these emerging issues.

The Role of the State in Migration Control

The Role of the State in Migration Control PDF Author: Aoife McMahon
Publisher: BRILL
ISBN: 9004330054
Category : Law
Languages : en
Pages : 320

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Book Description
This research questions the seemingly ossified premise that states have an absolute discretion to control international migration. Applying Max Weber’s theories of legitimacy, it determines that while states have certain traditionally legitimate functions, migration control, as distinct from the determination of citizenship, is not one such function. Measures of migration control must thus be justified on a rational-legal basis, that is, on a minimal evidential basis. Acknowledging the many obstacles states face in carrying out this legitimising exercise, it is suggested that a supranational approach at the regional level is the most sustainable long-term model, with an ultimate aim of achieving inter-regional cooperation on migration management on the basis of equality between regions.

State Behavior and the International Criminal Court

State Behavior and the International Criminal Court PDF Author: Franziska Boehme
Publisher: Routledge
ISBN: 100059338X
Category : Law
Languages : en
Pages : 152

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Book Description
This book analyzes patterns and causes of state cooperation with the International Criminal Court. The work focuses on several African cases, including those against leading state officials, to dive into current debates about compliance with international law and resistance to international courts. The book, which draws on interview data collected in The Hague, Kenya, and South Africa, reveals the diversity of state behaviors ranging from full compliance and diplomatic support to partial compliance to resistance and exit. This redirects the widespread narrative about African resistance against the ICC to include evidence of continued Court support. It is argued that the degree of cooperation the Court receives is affected by a government’s perceived costs and benefits of executing an ICC request: a cooperation request is considered high cost or low cost depending on the suspect’s position, the type of action requested, and the government’s domestic and regional policy objectives. In response, the Court has been careful not to alienate states further, thus highlighting that the Court is both above and below the state: having the power to charge individuals including state officials, but relying on governments—sometimes those from which suspects come—to take action on behalf of the Court against the same suspects. The book will be of interest to academics, researchers, and policymakers working in the areas of international law, human rights, international criminal justice, and international relations.

Securitising Singapore

Securitising Singapore PDF Author: Syed Mohammed Ad’ha Aljunied
Publisher: Routledge
ISBN: 1000227995
Category : Political Science
Languages : en
Pages : 146

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Book Description
Aljunied examines how the Singaporean government developed a comprehensive state–society strategic relationship by ‘securitising’ vital policy areas because of Singapore’s vulnerability as a global city state. In the twenty-first century, the Singaporean government has strategically renewed an existing form of authoritarian rule by ‘militarising’ national security governance. The main objective is to widen and deepen state power. Senior military-trained civilian political leaders and bureaucrats use military personnel, command and control, terminology and strategy of war to deal with non-traditional security challenges leading to the state’s further domination over civil liberty and civil society. Aljunied analyses the information and communication, health and climate–environment sectors. The case studies highlight the way the Singaporean government has used varying forms of political engagement, surveillance and legislation to limit civil liberty and inhibit the development of civil society. This book is a valuable resource for researchers and students of Singapore Studies as well as for the readers of Security Studies with an interest in the global–local nexus in a small state context. It is a pioneering scholarly study on the national security framework and the use of non-traditional security discourse to strengthen state power and social stability at the expense of political liberalism.

Rethinking the San Francisco System in Indo-Pacific Security

Rethinking the San Francisco System in Indo-Pacific Security PDF Author: Yoneyuki Sugita
Publisher: Springer Nature
ISBN: 9811912319
Category : History
Languages : en
Pages : 341

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Book Description
This remarkable collection commemorates the 70th anniversary of the 1951 San Francisco Peace Conference by revisiting the important legacies of both the Peace Treaty and the US-Japan Security Treaty have had on the peace and stability of the Asia-Pacific. Drawing on multiple perspectives, the volume conveys the hopes and fears that the authors have for the domestic and international politics of the region. In a post Trumpian world marked by the US-China tensions amidst a raging pandemic, the region’s continued prosperity looks exceedingly grim. Would the arrangements made in 1951 continue to have relevance for an Indo-Pacific region beset by great power rivalry and potential conflict fuelled by contending nationalisms, clashing interests and territorial disputes? Through a rigorous debate based on the latest empirical developments, the volume explores various ways where by the spirit and legacies of San Francisco arrangements can be meaningfully preserved and enhanced. In order for the region stronger and more prosperous in the post-pandemic world, the countries have to come together to enhance the existing security architecture to contain great power rivalry and ensure that a regional order capable of addressing problems of the 21st century eventually evolves.

Atrocity Crimes, Children and International Criminal Courts

Atrocity Crimes, Children and International Criminal Courts PDF Author: Cécile Aptel
Publisher: Taylor & Francis
ISBN: 1000862879
Category : Law
Languages : en
Pages : 216

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Book Description
This book shows how international criminal courts have paid only limited and inconsistent attention to atrocity crimes affecting children. It elucidates the many structural, legal, financial and even attitudinal obstacles, often overlapping, that have contributed to the international courts’ focus on the experience of adults, rendering children almost invisible. It reviews whether and how different international and hybrid criminal jurisdictions have considered international crimes committed against or by children. The book also considers how international criminal justice can help contribute to the recognition of the specific impact that international crimes have on children, whether as victims or as participants, and strengthen their protection. Finally, it proposes an agenda to improve this situation, making specific recommendations encompassing the urgent need to further elaborate child-friendly procedures. It also calls for international investigative and prosecutorial strategies to be less adult-centric and broaden the scope of crimes against children beyond the focus on child-soldiers. This book is an invaluable resource for academics, researchers and fieldworkers in the areas of international criminal law, international human rights law/child rights, international humanitarian law, child protection and transitional justice.

Black Muslims and the Law

Black Muslims and the Law PDF Author: Malachi D. Crawford
Publisher: Lexington Books
ISBN: 073918489X
Category : Social Science
Languages : en
Pages : 185

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Book Description
Black Muslims and the Law: Civil Liberties From Elijah Muhammad to Muhammad Ali examines the Nation of Islam’s quest for civil liberties as what might arguably be called the inaugural and first sustained challenge to the suppression of religious freedom in African American legal history. Borrowing insights from A. Leon Higgonbotham Jr.’s classic works on American slavery jurisprudence, Black Muslims and the Law reveals the Nation of Islam’s strategic efforts to engage governmental officials from a position of power, and suggests the federal executive, congressmen, judges, lawyers, law enforcement officials, prison administrators, state governments, and African American civic leaders held a common understanding of what it meant to be and not to be African American and religious in the period between World War II and the Vietnam War. The work raises basic questions about the rights of African descended people to define god, question white moral authority, and critique the moral legitimacy of American war efforts according to their own beliefs and standards.